Kailash v. State & ANR

44# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2768/2016 KAILASH ..... Petitioner Represented by:

Mr. Rahul K. Singh and Mr.

Amarjit Singh, Advocates with petitioner in person.

versus STATE & ANR ..... Respondents Represented by:

Ms. Kamna Vohra, Additional Standing Counsel for the State with SI Kuldeep Singh, PS Khajuri Khas, North East Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.09.2016 By the present petition the petitioner seeks quashing of FIR No. 238/2013 under Sections 354A/354D/341/506 IPC registered at PS Khajuri Khas, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Issue notice. Learned Additional Standing Counsel accepts notice on behalf of the State.

Learned Additional Standing Counsel for the State on instructions from the Investigating Officers submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim.

W.P.(CRL) 2768/2016

The complainant/Respondent No. 2 Ms. Pooja who is present in Court and is identified by the Investigating Officer states that since the petitioner has apologised for his conduct and assured that it will not be repeated and that the parties are living in the neighbourhood, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the counsel affirms the statement made by respondent No.2 and besides tendering unconditional apology assures that he will not be involved in any such illegal activity in future.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 238/2013 under Sections 354A/354D/341/506 IPC registered at PS Khajuri Khas, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a cost of `10,000/- with the Bar Council of Delhi Advocates Welfare Fund within four weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition and the application are disposed of. Order dasti. MUKTA GUPTA, J.

SEPTEMBER 21, 2016/'vn'

W.P.(CRL) 2768/2016